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Abstract

This Article argues that because current federal policies hamper the ability of organic and non-GE farmers to ensure the safety and authenticity of their products, the AC21 needs to meet its charge and reach consensus on USDA supported mechanisms that encourage and facilitate farmers to develop long term, viable solutions that address the interests of all parties. Without USDA support, farmers have little incentive to attempt collaboration under the umbrella of existing federal policies. Part II of this Article provides a detailed history of the regulatory scheme that governs genetically engineered plants and products and demonstrates the clear preference for the development and support of GE products. In Part III, this Article examines the scope of authority granted to the USDA under the Plant Protection Act to regulate genetically engineered organisms. Part IV addresses the issue of gene flow from GE crops to non-GE and organic crops, and provides a discussion of the cases that have brought this issue before the courts. Finally, Part V of this article concludes by analyzing the work of the AC21 and arguing that the working group needs to consider the implementation of collaborative mechanisms to aid farmers in achieving some degree of coexistence.